Indio Municipal Code Ch. 122 Garage Sale Permits

[Ord. 1199, 9-4-1996]

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

GARAGE SALES

(1)

Includes garage sales, yard sales, patio sales, rummage sales, estate sales and any other similar event sales in residential zones conducted for the purpose of offering for sale household or personal goods of the occupant of premises where such sale is permitted.

(2)

Garage sales do not include the occasional sale of used personal property in residential zones, where no signs advertising such sale are placed at the location of the sale and where all prospective buyers are invited by or have made an appointment with the seller prior to inspecting, purchasing or taking delivery of said personal property. Said personal property must be stored away from public view.

[Ord. 1199, 9-4-1996]

The commercial sale of goods at garage sales is prohibited. Commercial sales include goods purchased elsewhere for the purpose of resale at garage sales, or products manufactured, assembled or grown for the sole purpose of sale at garage sales.

[Ord. 1199, 9-4-1996]

No person shall conduct a garage sale within a residential district without having procured a permit from the Indio Fire Department Administrative Office.

[Ord. 1199, 9-4-1996]

(A) An applicant for a garage sale permit shall submit the following information, on a form provided by the India Fire Department:

(1) Full name, address and phone number of applicant;

(2) Address where garage sale will be conducted;

(3) Dates and hours of sale;

(4) General description of property to be sold.

(B) An application for a garage sale permit must be accompanied by an application fee in an amount set forth by resolution of the City Council. A bona fide nonprofit organization shall be exempt from the application fee provided that proof of its nonprofit status is submitted with the application. Documentation from the Internal Revenue Service or Franchise Tax Board shall constitute acceptable proof of the organization's nonprofit status.

[Ord. 1199, 9-4-1996]

(A) A maximum of four garage sale permits may be issued each calendar year for any one house or apartment complex.

(B) No garage sale permit shall be issued within 90 days of any other garage sale permit issued at the same location.

(C) Each garage sale permit issued under this chapter shall be valid for two consecutive days or three consecutive days on extended national holidays.

(D) Garage sales shall be limited to the hours of 7:00 a.m. to 6:00 p.m.

(E) The display of personal property and related sales activities shall be conducted by the permittee only on the residential real property identified in the permit. The display of personal property and related sales activities are prohibited on public sidewalks, streets, parkways, alleys and any other public rights-of-way.

(F) The original or a copy of the garage sale permit shall be posted or otherwise displayed by the permittee in a conspicuous place at the sale location during the hours of the sale.

[Ord. 1199, 9-4-1996]

(A) A maximum of two signs be used by the permittee to advertise the garage sale. One sign may be placed on the property at the authorized location of the sale, and one sign may be placed at the nearest corner.

(B) No sign shall be placed on off-site property without obtaining permission from the property owner, and no sign shall be placed on any public property or in the public right-of-way.

(C) The use of flags, banners, pennants and other similar items to advertise the garage sale is prohibited.

(D) Any sign used to advertise garage sales shall be furnished by the city. The city shall furnish a maximum of two signs to each permittee that pays a $25 refundable deposit.

(E) The refundable deposit shall be returned to the permittee only if the signs are returned to the city in good condition within 72 hours after the garage sale.

(F) Any sign used to advertise garage sales shall be removed by 8:00 p.m. on the day in which the sale is concluded.

[Ord. 1199, 9-4-1996]

(A) Any person who violates any provision of this chapter shall be guilty of an infraction.

(B) The City Manager or his/her designee may revoke a garage sale permit at any time if it is determined that any provision of this chapter has been violated, or the garage sale jeopardizes public health and safety, unduly interferes with traffic or pedestrian movement, or unduly interferes with the public peace or rights of nearby property owners.